Terms of service
Welcome to Ladybird Nursery! By using our website, store, or related services, you agree to these Terms of Service and our Privacy Policy. Please read them carefully — they outline your rights, responsibilities, and important details such as warranty disclaimers and liability limits. If you do not agree, please do not use our services.
Shipping & Delivery
We take great care to pack your plants for a safe journey, but once shipped, delivery and is managed by the carrier.
For more details see our full Shipping Policy.
Pick Up Orders
Online orders can be collected in person at the nursery by selecting the ‘Pickup’ option at checkout. Please collect your order within 7 days — uncollected orders may be reclaimed by the nursery, and refunds cannot be issued unless otherwise agreed.
Returns & Refunds
We're here to help - for full details on returns, refunds, and exchanges see our Return Policy.
Cancellations
Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted. See our Cancellations Policy for more details.
Trimming
At times, we may gently trim taller trees to meet courier height limits. Don’t worry — this actually benefits your tree by promoting fresh growth and healthy branching.
For more details see our full Shipping Policy.
Plant Images
Accuracy of Photos
We do our best to make sure the plant images we show are as accurate as possible. However, when we show different varieties in the photos, we might supply any of the varieties pictured. Sometimes the plant you receive may differ from the photos.
Natural Variation
Remember, each plant is a unique, living thing, so there will naturally be some differences in size, shape, colour, and other attributes. In fact, these variations are part of what makes each plant special. Factors like growing conditions, seasonal changes, and individual plant genetics can all affect how a plant looks. We believe these natural differences make your garden even more beautiful and diverse.
Size & Maturity
Some of our plant images show what the plant may look like as it grows, matures, and thrives under your care. Some photos display plants in full bloom, bearing fruit or flowers. These pictures are meant to inspire and help you imagine what your plant can become, not necessarily how it looks when you first receive it. Your new plants may arrive in an earlier growth stage, ready for you to nurture them into their future splendor.
Pots
We provide all plants in plain black plastic nursery pots. Any images showing plants in decorative pots are just for illustration. Please note that the decorative pots aren’t included with the plant purchase.
Future Performance
We ensure all plants leave our nursery in good health and condition. However, since plants are living things, we can’t guarantee how they’ll perform in the future due to factors beyond our control. Therefore, Ladybird Nursery doesn’t accept responsibility for how plants will grow or any damage or loss after they leave us. We can only offer a replacement or a refund of the purchase price, as allowed by law. Once your plants arrive, you assume the risk of loss, damage, or deterioration (see our full Refund Policy).
Stock Availability
All orders are subject to availability. In the event that an item is unavailable, we reserve the right to cancel the order and issue a full refund. Our website displays stock quantities as a helpful guide to indicate how many items are available to the best of our knowledge. While we work hard to ensure this information is accurate and up to date, we cannot guarantee its precision. Ladybird Nursery does not accept liability for any discrepancies in displayed stock numbers, including situations where an item may be unavailable or sold out despite showing as in stock.
Orders
When you place an order, you are making an offer to purchase. Ladybird Nursery reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Ladybird Nursery confirms acceptance. We must receive and process your payment before your order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail and/or phone number provided at the time the order was made. Your purchases are subject to return or exchange solely in accordance with our Refund Policy.
Our Products
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colours or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration. We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores. This is partly due to the fact that we are selling living plants and no two plants are exactly the same. All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
User Generated Content
By submitting any content to Ladybird Nursery (including but not limited to photos, text, comments, reviews, gardening tips and plant growing advice, or other materials) through this website or any associated platform, you agree to the following:
1. Ownership & Rights
You confirm that:
- You are the owner of the content you submit, or have all necessary rights and permissions to submit it; and
- Your content does not infringe the intellectual property or other rights of any third party.
2. Assignment of Intellectual Property
You assign, to the extent permitted by law, all rights, title, and interest (including copyright and other intellectual property rights) in your submitted content to Ladybird Nursery upon submission.
All ownership and rights in the content will pass to Ladybird Nursery.
3. Use of Content
Ladybird Nursery may use, reproduce, edit, modify, publish, and communicate your submitted content for any purpose, at its discretion.
This includes (but is not limited to) use on websites, product pages, marketing materials, advertising, social media, and other promotional channels, both during and after any competition or promotion, and without further consent or compensation.
4. Public Display
You acknowledge and agree that your submitted content, including your name and any associated descriptions (such as gardening tips and plant growing advice), may be displayed publicly on the Ladybird Nursery website or other platforms.
5. No Obligation to Use Content
Ladybird Nursery is not required to publish or use any submitted content and may remove or refuse to publish content at its discretion.
6. User Responsibility & Indemnity
You are solely responsible for the content you submit and for ensuring you have the rights to submit it.
You agree to indemnify Ladybird Nursery against any claims, loss, or damage arising from a breach of these terms, including any infringement of third-party rights.
7. Limitation of Liability
Ladybird Nursery will not be liable for any loss, damage, or claims arising from the publication or use of user-submitted content, including where such content is submitted in error or infringes the rights of any third party.
8. Moderation & Removal
Ladybird Nursery reserves the right to review, edit, remove, or refuse to publish any content at its discretion and without notice.
Disclaimer of Information
We take great care in creating helpful, accurate content, but we can’t guarantee it’s always 100% correct. Please use our advice as a guide and double-check information with your own research. Ladybird Nursery isn’t responsible for any errors or outcomes resulting from information shared on our website, email, phone, or social media.
Errors & Omissions
Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
Access & Account
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage. To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information. You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
Privacy and Security Policy
Your privacy is very important to us. Therefore, we use your personal information, like your name and email, only to communicate with you. Additionally, we won’t share it with third parties unless we clearly say so at the time of collection. Our Privacy Policy is here to show our commitment to keeping your information safe. If you have any questions about our privacy practices or how we handle your data, please don’t hesitate to reach out to us.
Email Communications & Updates
By placing an order, you agree to receive emails about your order status and occasional marketing updates. We keep these messages helpful and relevant. You can unsubscribe from marketing emails anytime using the link at the bottom of any email.
Growing Practices & Organic-Related Terms
We aim to use natural and eco-friendly horticultural practices that support soil health, plant vitality, and reduced environmental impact. Where possible, we avoid chemical sprays and may use practices commonly described as an “organic approach,” “organic methods,” “spray-free,” or “sustainable practices.” These terms refer solely to general growing techniques used within our nursery and do not constitute any claim or representation that our nursery, our processes, or our plants are organic, certified organic, or produced in accordance with any organic accreditation standards. Not all plants supplied by us are grown using these methods, as some external suppliers may use conventional practices before the plants arrive at our nursery, which is outside our control. Customers acknowledge that, due to interstate quarantine and biosecurity requirements, a soil treatment containing bifenthrin may be applied prior to shipping where required by law. (Note: This chemical is applied to the soil only and is not absorbed by the plant's roots). To the fullest extent permitted by law, Ladybird Nursery accepts no liability for any misunderstanding, assumption, or reliance relating to the terms “organic methods,” “organic approach,” “spray-free,” or any similar description.
Intellectual Property & Copyright
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Ladybird Nursery, its affiliates or licensors and are protected by Australian and foreign patent, copyright and other intellectual property laws. These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Ladybird Nursery, Shopify or any third party. Unauthorised use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Ladybird Nursery. Ladybird Nursery’s names, logos, product and service names, designs, and slogans are trademarks of Ladybird Nursery or its affiliates or licensors. You must not use such trademarks without the prior written permission of Ladybird Nursery. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners. We take care to protect all content on our website, including articles, photos, videos, blog posts, logos, and plant information, under international copyright laws. If you’d like to use or share this information, please get explicit permission from Ladybird Fruit Tree Nursery.
Prohibited Uses
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Ladybird Nursery, Shopify or users of the Services, or expose them to liability. In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
Termination
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
Disclaimer of Warranties
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents. EXCEPT AS EXPRESSLY STATED BY Ladybird Nursery, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL Ladybird Nursery, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
Indemnification
You agree to indemnify, defend and hold harmless Ladybird Nursery, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services. We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.
Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Waiver; Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Assignment
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Ladybird Nursery is headquartered. You and Ladybird Nursery consent to venue and personal jurisdiction in such courts.
Headings
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Changes to Terms of Service
You can review the most current version of the Terms of Service at any time on this page. We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Contact Information
Questions about the Terms of Service should be sent to us via our Contact Form on our website.
Our contact information is posted below:
Ladybird Fruit Tree Nursery
1452 Anzac Avenue Kallangur QLD 4503
(07) 3092 2849